Multiple convictions barred in inchoate crimes
Source:
Section 161.485 — Multiple convictions barred in inchoate crimes, https://www.oregonlegislature.gov/bills_laws/ors/ors161.html.
Notes of Decisions
Absent evidence that defendant was attempting to offer to engage in sexual conduct, defendant could not be guilty of attempt to commit prostitution within meaning of ORS 167.007, notwithstanding that she was walking in area of high vice activity and was seen talking to known prostitute. State v. Brown, 31 Or App 501, 570 P2d 1001 (1977)
Where defendant opposed state’s motion to consolidate charges resulting from same conduct he waived double jeopardy protection, and the two findings of guilty were properly merged into one conviction for sentencing. State v. Brissette, 31 Or App 1243, 572 P2d 1068 (1977)
Where evidence showed conspiracy it was not error to charge defendant with murder. State v. Farber, 59 Or App 725, 652 P2d 372 (1982), aff’d 295 Or 199, 666 P2d 821 (1983)
It was error to convict defendant of arson in the first degree and of conspiracy to commit the same arson. State v. Matt, 64 Or App 718, 669 P2d 840 (1983)
Convictions for conspiracy to deliver heroin and delivery of heroin should have been merged. State v. Mendosa, 97 Or App 263, 775 P2d 905 (1989)
Delivery charge and possession charge that are part of same transaction do not merge. State v. Sargent, 110 Or App 194, 822 P2d 726 (1991)
Conviction for attempt to commit greater offense does not merge with conviction for commission of lesser included offense arising out of same conduct. State v. O’Hara, 152 Or App 765, 955 P2d 313 (1998), Sup Ct review denied
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